The Issue:Out-of-state law firms take tax dollars meant for frail Pennsylvania Seniors.

Just three years ago, Pennsylvania’s Medicaid program spent more than $104 million on liability-related costs, including contingency fees to out-of-state, predatory lawyers. These lawyers, who have come to Pennsylvania from Florida and Arkansas, set up shop in our communities and file hundreds of frivolous lawsuits against long-term care facilities, seeking jackpot verdicts and huge settlements-all because Pennsylvania provides absolutely no protection. In turn, long-term care providers and their insurers settle nearly all cases brought against them, rather than risk a verdict that could bankrupt their business and force the people they care for and their employees out on the street.

The Impact:Frivolous lawsuits affect the quality of care, the cost of providing care and the morale of hardworking staff.

These high legal costs not only inhibit job growth, increase health-care costs and limit access to medical care, but they also affect the morale of residents, families and caregivers. The time, resources and money being spent on frivolous lawsuits could be used to raise wages and improve benefits for caregivers, pay for capital improvements at long-term care centers, and finance upgrades in equipment and technology that benefits residents.

The Fix:House Bill 1037 would end lawsuit abuse in Pennsylvania.

HB 1037, if enacted, would put a stop to frivolous lawsuits and put Medicaid dollars back to work in Pennsylvania where they belong: at the bedside of residents of long-term care facilities. HB 1037 would cap punitive damages at 250% of compensatory damages for long-term care providers-without limiting a person’s right to sue or to be made whole. The bill simply extends the same protections that Pennsylvania physicians have had since 2002-nothing more.

"Fake" News

Since 2011, skilled nursing facilities across Pennsylvania have been attacked in more than 150 full-page newspaper ads, all purchased by predatory, out-of-state lawyers targeting residents and families with misleading statements.

“My fellow staff and I work hard every day to provide the best care we can. I don’t care if you’re new to this job, or you’ve been doing it as long as I have: quality care is our first priority. When that ad ran, it was heartbreaking --- and untrue. I read the paper every morning, and I take a deep breath every time I turn the page, because I don’t ever want to see an ad like that run against my facility and co-workers again.”

I am asking you to help end lawsuit abuse in Pennsylvania and stop out-of-state, predatory law firms from raiding Medicaid funds meant for our seniors by supporting House Bill 1037.

House Bill 1037 would limit punitive damages to 250% of the amount of compensatory damages for long-term care providers, including nursing facilities, personal care homes and assisted living residences.

Doctors have had caps on punitive damages at 200% of the amount of compensatory damages in Pennsylvania since 2002. We are simply asking for similar protections for long-term care.

Why do we need these protections? We are under attack from predatory, out-of-state law firms who advertise in newspapers across the state, trolling for clients. These law firms advertise in newspapers, file frivolous lawsuits and, in every single case, ask for punitive damages. We have no choice but to settle every case for fear of punitive damage awards.

And our liability costs, which defend against these predatory firms, continue to rise. Pennsylvania's Medicaid program spends more than $104 million on liability-related costs every year, and much of that goes to contingency fees to out-of-state, predatory lawyers. Those Medicaid dollars should be used to provide quality care to our residents. Instead, they go straight into the pockets of out-of-state lawyers.

In fact, there are some long-term care providers in Pennsylvania that now spend more on defending these lawsuits than on food for their residents.

On behalf of my facility, my staff, my residents and the families of those residents, I am asking you to support House Bill 1037, which is awaiting a vote on the House floor on 2nd consideration. We need your leadership to ensure a vote takes place.

(Copy and paste the text below to post a message on your Representatives Facebook page)

Representative,

Help end lawsuit abuse in Pennsylvania and stop out-of-state, predatory law firms from raiding Medicaid funds meant for seniors by supporting House Bill 1037. Long-term care providers are under attack from predatory, out-of-state law firms who advertise in newspapers across the state, trolling for clients.

Pennsylvania's Medicaid program spends more than $104 million on liability-related costs every year, and much of that goes to contingency fees to out-of-state, predatory lawyers. Those Medicaid dollars should be used to provide quality care to our residents.

On behalf of my facility, my staff, my residents and the families of those residents, please support HB 1037, which is now awaiting a vote on the House floor on 2nd consideration.

Increase the impact of this action by spreading the word to your Facebook followers so they can contact their own officials.

Recommended Facebook post

(Copy and paste the text below to post a message on your Representatives Facebook page)

Friends,

Please join me in ending lawsuit abuse in Pennsylvania--contact your state Representative TODAY and urge them to support House Bill 1037!

Go to https://pennsylvaniahealthcareassociation.salsalabs.org/endlawsuitabuseinpennsylvania/index.html to send your state Representative a message.

Pennsylvania's Medicaid program spends more than $104 million on liability-related costs every year, and much of that goes to contingency fees to out-of-state, predatory lawyers who have come to our state to sue our facilities. Those Medicaid dollars should be used to provide quality care to our residents. Instead, they go straight into the pockets of out-of-state lawyers.

Sorry, we're not targeting any representatives in your district. But, you can still help!

Edit this message to tell users that can't take action (because of their location) how to contribute. For example, consider adding a link to a petition or donation page that you have created, or add social sharing options so that these supporters can help get the word out on social media.

Thank You!

Please share with anyone else who might be interested in the work we do.